Short-form warnings for products that may expose consumers to chemicals on California’s Prop 65 list must now include at least one chemical name to qualify for Prop 65’s “safe harbor” protections—with one caveat. Businesses...more
As businesses and legal professionals strive to keep pace with California’s ever-changing regulatory environment, Proposition 65 (“Prop 65”) remains a key focal point. Known for its stringent requirements on chemical exposure...more
1/27/2025
/ California ,
Enforcement Actions ,
Hazardous Substances ,
New Legislation ,
New Rules ,
PFAS ,
Proposition 65 ,
Regulation ,
Regulatory Agenda ,
State Attorneys General ,
Toxic Chemicals
Compliance with EPA’s Rule for Reporting and Recordkeeping Requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA) Section 8(a)(7) will demand the attention and resources of...more
Long-term changes to Toxics Release Inventory (“TRI”) reporting requirements under the Emergency Planning and Community Right-to-Know Act (“EPCRA”) will require thousands of facilities to submit reports on per- and...more
11/22/2024
/ Deadlines ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EPCRA ,
Hazardous Substances ,
NAICS ,
New Regulations ,
PFAS ,
Regulatory Requirements ,
Reporting Requirements ,
Toxic Chemicals
2025 will be a landmark year in the regulation of per- and polyfluoroalkyl substances (“PFAS”), which have been nicknamed “forever chemicals” because of their persistence in the environment. For decades, PFAS have been used...more
California recently amended its Proposition 65 regulations to add several additional alternative “safe harbor” warning labels for foods containing acrylamide, a naturally-occurring byproduct that can result during high-heat...more
11/12/2024
/ California ,
First Amendment ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
New Rules ,
OEHHA ,
Proposition 65 ,
Regulatory Agenda ,
Toxic Chemicals ,
Warning Labels
Has the final bell rung for PFAS in food packaging? On February 28, 2024, the Food and Drug Administration (FDA) announced that all grease-proofing agents containing per- and polyfluoroalkyl substances (PFAS) “are no longer...more
2023 was a busy year for Prop 65 with the highest number of Notices of Violation since its inception. The California law requires consumers receive warnings regarding the presence of chemicals that cause cancer or...more
Under California’s Proposition 65 (“Prop 65”), businesses are required to give “clear and reasonable warnings” to consumers regarding potential chemical exposure if their product contains a chemical “known to the state to...more
11/15/2023
/ Appeals ,
California ,
Chemicals ,
Commercial Speech ,
Enforcement ,
Environmental Protection Agency (EPA) ,
First Amendment ,
Free Speech ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Warning Labels
Companies should regularly assess their Prop 65 compliance. Products, packaging, business relationships, and the rules for compliance are constantly changing. Start 2023 off right with a review of your compliance practices to...more
California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Whether the new regulation moots the California...more
12/14/2022
/ California ,
Cancer ,
First Amendment ,
New Legislation ,
New Regulations ,
New Rules ,
OEHHA ,
Proposition 65 ,
Public Comment ,
Safe Harbors ,
Toxic Chemicals ,
Warning Labels
The group of chemicals known as PFAS (per- and poly-fluoroalkyl substances) are high on the federal regulatory agenda for 2022, as implementation of EPA’s “PFAS Strategic Roadmap” proceeds...more
If your products are sold online or you operate a website with sales to consumers in California, these changes will impact whether you can obtain “safe harbor” protection under Prop 65.
Over a year after adopting new...more
3/9/2018
/ Corporate Counsel ,
Health and Safety ,
Internet Retailers ,
New Guidance ,
New Regulations ,
OEHHA ,
Product Labels ,
Proposition 65 ,
Safe Harbors ,
Warning Labels ,
Website Warnings ,
Websites
What is Prop 65? -
Prop 65 is a California law that requires California consumers receive warnings regarding the presence of chemicals that cause cancer or reproductive toxicity. The law is highly technical, constantly...more